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The city of Duncanville, Texas which is neighborhood of Dallas has been involved in its own small Jerry Falwell style holy scripture belt battle with the founders of a secluded “swingers club” called “The Cherry Pit“. The Cherry Pit is a private residence tucked in away in an expensive Duncanville housing area. The Cherry Pit posts on the internet and according to advertised news draws as many as 150 members to a weekly party.

The Cherry Pit has been holding drunk sex parties where guests pay a cost for entrance and could get involved in mosly any kind of sex deeds they want on the premises. It is the position of the hosts that this does not constitute a “business” as the entry fee is to cover the expence of foodstuff, beverages etc and not a cost for the privilege of engaging in sex from the tame to the “Pulp Fiction” apple in the mouth brand of entertainment…. It is said for an extra service money they would even “bring out the gimp“….(just kidding)

The entire bru ha ha happened backin October of 2007 when past several years of Cherry Pitt neighbors complaining about the offence, traffic and “unsavory element” “the pit” was bringing to the community, the City of Duncanville passed the following decree:

“the function and maintenance of a swinger to be against the law and a public nuisance. Violation of the new ordinance can outcome in a fine of up to $2,000.”

The city of Duncanville then decided that the events at the Cherry Pit were more than simply a gathering of “friends and family” seeking some fun and determined that it was actually a sexually oriented industry and subject to the law. The reaction of Julie Norris, one of the owners of “The Pit” was as follows:

“I don’t know what their classification of a commerce is, but to my understanding a business is public – anyone can just walk into it and you should pay to get in and we are none of that,” Norris said. “I allow gifts. Have you ever had your buddies over for a barbecue and asked everybody to pitch in $5 or bring a food? That is just what we do. The only condition to get into my house is that you call and let me know that you are coming and you are on my reservation list.”

Ms Norris continued to state that she understood that the rule is a excuse to assault their lifestyles and beliefs and that the rule regulating the club violated their First Amendment Rights to Privacy.

“It boils down to people want to put their morality into my private house and I have to stand against that,” Norris said. “That is not what the Constitution allows.”

The owners of the Cherry Pit afterward counter sued the city claiming the regulation banning sex clubs violates their privacy and due process rights. They are mainly using the same argument under which a right to privacy was found under Roe v. Wade. They have to use this method in making the right to privacy argument because there is actually no right to personal privacy spelled out in the Constitution.

The Cherry Pit’s lawer, Edward Klein, said the city tries to regulate private acts in a private home using the public nuisance law as a “pretext” to do so….

The Cherry Pitt has remained open while all the legal squabbling has taken place… Only now the City of Duncanville broadened the rule designed to lock the club down by making the classification of a swinger club more common and add a local petition procedure for swinger clubs that the city orders to close.

***October 29, 2008 A jury proclaimed the founders of the Cherry Pit accountable of unlawfully operating a sexually oriented industry.

So what do you think? Should private citizens be permitted to “swap pits” at the Pitt without the government getting its’ rocks off?

You evidently can not do cocaine in the seclusion of your house. These things are illegal regardless of where they are engaged in.

Let us as well keep this in mind. Duncanville is NOT trying to control the Texas adult dating personals showing up at the venue. They are trying to order the founders of the place in encouraging the “Piters” to engage in sex for a fee at their home…. The state is NOT regulating where and with whom you can have sex with. They are telling the owners of the Pit that if they are charging you to do it, they are subject to state regulation. There is a big dissimilarity…

Nobody is going to tell you that you can not go down to your local red light district and get a blowjob from Kathie the local crack addict or Mikey the cross dressing pimp or even take any of swinger parejas to the Cherry Pit for some entertainment. We surely are aware of however that the act of handing over a dollar in exchange for the quickie makes the otherwise agreeable action illegal prostitution on one end and the illegal act of soliciting a prostitute on the other end no matter where it occurs (in addition to whatever other wicked action goes with “the other end”). The state has decided that there is a compelling state concern to adjust and/or criminalize such acts…

***October 29, 2008 A jury found the owner of the Cherry Pit guilty on 10 counts of running a sexually oriented industry. The Cherry Pit has since been locked. While recommendations for the owners declared that the decree would be appealed and the statute challenged, it is vague if either of those was ever pursued.